People v. Rodriguez CA3

Good Law
Court of Appeal of CaliforniaMarch 17, 2022C093467California2,387 words

Opinion

Opinion

Filed 3/17/22 P. v. Rodriguez CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C093467

Plaintiff and Respondent, (Super. Ct. No. 93F07391)

v.

NIXON RICARDO RODRIGUEZ,

Defendant and Appellant.

Defendant Nixon Ricardo Rodriguez appeals the denial of his petition for resentencing pursuant to Penal Code section 1170.95.1 He contends the trial court erred by summarily denying his petition without issuing an order to show cause. We will reverse and direct the trial court to issue an order to show cause.

Undesignated statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

A. Statement of facts The prosecution filed a consolidated amended complaint…

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